Proposition B, approved by the City of San Diego voters in 2012, closed the defined benefit retirement plan to City employees hired on or after July 20, 2012, other than for sworn police officers. Four City unions filed a complaint with the California Public Employment Relations Board (PERB), contending, among other things, the City failed to meet and confer with the unions prior to supporting Proposition B, in violation of the Meyers-Milias-Brown Act.
On December 29, 2015, PERB issued a ruling finding the City violated the law, and ordered the City to, among other things, meet and confer with the unions, to reimburse the unions for its costs and attorney’s fees for the union’s anticipated legal action to overturn Proposition B, and to make the affected employees whole. PERB acknowledged it has no authority to invalidate the 2012 municipal election. The City can appeal PERB’s decision to the Fourth District Court.
Importantly, Proposition B is still the law pending any further appeals by the City or its labor unions before the court. That means, SDCERS will continue to implement Proposition B. Staff will continue to monitor developments on the issue, keep the SDCERS Board informed, and work with the City on the outcome of any court proceedings.